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mimi2015 Asked September 2015

Can my Mother legally go get her sister who is disabled?

Does the sibling have more rights than the kids of her?  Siblings. My aunt wants to. Ome live with her sister. 

EXPERT Carol Bradley Bursack, CDSGF Sep 2015
Unless there is a legal document stating otherwise, I would think the children come first when it comes to legal rights. You could check with the state laws where the sister lives, but if the kids fight it she may not be able to do this.

Are the kids fighting the right to keep their mother? They may welcome a break. Please update us. We could use more information and we'd like to know how you all are doing.
Carol

Labs4me Sep 2015
Unless your mother's sister is legally declared incompetent, she has the
right to decide where she wants to live.

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ferris1 Sep 2015
Mimi you don't give us very much information, and I have no idea what "Ome" is. Who has power of attorney for your mother? If your aunt is willing to take care of her and is able and the children do not want to take responsibility, then if the disabled person wants her sister to care for her and is competent, then she can. Again, without details it is very hard to answer your question.

JoAnn29 Sep 2015
The children and spouse (if there is one) get presidence over a sibling. The child with the POA is the one to deal with.
Are the children not taking careof her. Does she live in another state. If so Medicaid has to be considered. Different from state to state. Also, health insurance. Not all can be tranferred to another state. If she is already set up with agencies and doctors to deal with her disability and her needs met, she may be better staying where she is. If your Mo has a job, she may be taking on something she may not be able to handle. Takes a while to get agengies and new doctors.

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